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Reasons
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(영문) 수원지방법원 2019.10.07 2019고정1105
폭행
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 25, 2019, from around 11:30 to 11:50, Defendant A committed assault, such as assaulting the victim C (here, 51 years of age) who had met rapidly in front of Suwon-si B (here, 51 years of age) and assaulting cases in 2018, with his/her face one time with his/her hand during a dispute, and the head and shoulder part of the victim’s face were continuously taken by hand.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant and C;

1. Application of Acts and subordinate statutes on voluntary reports;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument and the victim were in dispute over the issue of the assault case in 2018, but the victim first took part in several faces of the defendant's face, and the defendant was only sold to defend the defendant. Thus, the assault against the victim constitutes legitimate act or self-defense.

2. Considering the determination, for a certain act to be recognized as self-defense, the act must be reasonable to protect the present infringement of one’s own or another’s legal interests.

However, considering the fact that the defendant first expressed a bath, and the victim took a part in the entrance of the victim, and the victim took the defendant in response thereto, and the defendant again made a statement that he was at the time of the victim's head and shoulder due to provoking, D witness who observed a dispute between the defendant and the victim stated to the police that he was unable to put the victim under the influence of drinking each other, and that the defendant demanded the victim's hospital treatment expenses in relation to the previous violence case, the defendant committed violence to the victim in order to accomplish his own will.

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